Ohio Emergency custody (nephew)

[slnb73]

What is the name of your state (only U.S. law)? Ohio


My sister-in-law is a druggy and a thief and was in prison last year. We took care of her son during this time. When she got out she took him and left and took him to an abusive situation. He was beaten he watched her get beaten (while pregnant) he had a bassinet thrown at him he says he' been grabbed by his throat and he was almost ran over with his mothers car by her crazy boyfriend. He is very jealous of him and we are worried he will end up dead. She had us come get him about 3 months ago. She is drawing welfare, a check, foodstamps, and medical on him still. And we see nothing for him. She calls to give us her sob stories and make sure he misses her. She won't even leave his medical card so we can have him treated if he is sick. She heard we were going after custody and is now coming to get him in 2 weeks when she says her uncle will let her bring him to live there with her. The uncle said that was never discussed. She has been staying in a motel with the abusive boyfriend and the places around it have recently been getting robbed. The baby I mentioned she was pregnant with is staying with an aunt in Columbus. We want to take emergency custody to keep her from leaving with him but are having a hard time with it because the courts here in Clark county say they require a lawyer to file for emegency custody and in madison county where she is currently staying they say it has to be done by children services. Children services in Franklin has an open case on her but won't call me back. Madison county and Clark county won't talk to me about anything because of the case in Franklin county.. We can't afford an attorney.. What can we do to keep this child safe?!!

 

[Antigone*]

How old is this child? Did you call the police when he was hurt?

 

[slnb73]

We called children services every time we were told about it. But they were and some what still are in hiding because he is a sex offender and has not registered recently. She files charges on him when he hits her but goes back to him. and when he does things to our nephew her only response "He does it to me too"
Our nephew will be 5 on Tuesday.

 

[Isis1]

Have social services been called?

Missed that first post.

So, mom has been charged with child abuse, right? Boyfriend been convicted of domestic violence?

 

[Ohiogal]

Franklin County has jurisdiction due to the open case. You need to let Franklin County know that you have the child since there is an OPEN CASE.
How was the child adjudicated? Have you tried filing in Franklin County for custody?

 

[slnb73]

No they never charged her with anything they never followed through on the calls even when he was almost run over. They went to talk to her and she was gone and that was the last time they made contact. He has several DV charges. From different women. Including my sister-in-laws younger cousin.

 

[Isis1]

No they never charged her with anything they never followed through on the calls even when he was almost run over. They went to talk to her and she was gone and that was the last time they made contact. He has several DV charges. From different women. Including my sister-in-laws younger cousin.

Does he have one on mom? A restraining order?

 

[slnb73]

Madison county has jurisdiction over the custody matter but won't do an emergency custody for us unless it is through children services. And franklin county CPS will not return any phone calls. He was just left with us and then she disappeared. She's come to see him 3 times once because he was sick and we needed his medical card. But she was late and made us miss his appointment so she took him to urgent care. The other 2 times she showed up after 6 pm and tried to keep him up late so that she could try to stay the night here but we don't trust her and will not let her stay in our house. He will be very badly hurt neglected maybe even killed if he goes back there.
She calls once every few weeks with sob stories and lies to us about anything and everything. She said she had a job at a place that doesn't exist. She said she was staying with her uncle and she hasn't been there in 2 months.

 

[slnb73]

she has a restraining order on him right now but is seeing him still because the kids are not with her. There is an open DV case on him in Madison County because of her too but just like last time she will just not show up to the hearing.

 

[gr8rn]

Where is the childs father and if you needed the childs medical card, why didn't someone drive to where she was to get the card? Did you ever ask her if you could keep the card so you could take him for his physicals and vaccinations?

 

[Ohiogal]

No they never charged her with anything they never followed through on the calls even when he was almost run over. They went to talk to her and she was gone and that was the last time they made contact.

Children Services does NOT charge people with anything. Not at all. In the state of Ohio, adjudication is based on the situation of the child. The perpetrator is not important to adjudicate the condition of the child. And if there is an OPEN CASE as you stated, then Franklin County DOES have jurisdiction. Because an OPEN CASE means there is a court proceeding going on. Now if there is not an open case, that changes things. So what is it -- does Franklin County have an OPEN CASE or not?

He has several DV charges. From different women. Including my sister-in-laws younger cousin.

And? How many convictions?

Madison county has jurisdiction over the custody matter but won't do an emergency custody for us unless it is through children services.

Great except that is not what the statute states. So Madison County just ignores the law, is that what you are stating?

And franklin county CPS will not return any phone calls.

Which tells me that you were wrong and there is NOT an open case. And why will they return phone calls if there is not an open case?

He was just left with us and then she disappeared. She's come to see him 3 times once because he was sick and we needed his medical card. But she was late and made us miss his appointment so she took him to urgent care. The other 2 times she showed up after 6 pm and tried to keep him up late so that she could try to stay the night here but we don't trust her and will not let her stay in our house. He will be very badly hurt neglected maybe even killed if he goes back there.

Prove it. Prove that he will be badly hurt, neglected or even killed. What evidence do you have of that?

She calls once every few weeks with sob stories and lies to us about anything and everything. She said she had a job at a place that doesn't exist. She said she was staying with her uncle and she hasn't been there in 2 months.

And? She is still the child's mother. She has rights to have him if she so chooses at this point.

 

[LdiJ]

Just as an FYI, you should not need his actual medical card to get him treated. He should be in the state database that medical providers can access.

 

[slnb73]

A worker with franklin county CPS contacted my other sister in law asking about the mother. There have been numerous calls to children services. Clark county where I live said that they couldn't help me because there was an open case in franklin county. But today I contacted Madison county and they told me to call the court house and tell them that I was referred by them to file for emergency custody.

The boyfriend has 2 DV convictions and is a registered sex offender who has failed to re-register. The mother in the situation has filed a few DV charges on him but always drops them or doesn't show up to the hearings. She also has a protection order on herself and both children against him. I don't know how to prove the things he has done to my nephew other than let him tell it himself. He tells us things that blow our minds, that anyone could ever do those kind of things to a 4 year old. And because of some of things that have been said we have begun to suspect sexual abuse. But can not prove anything so we really just want to get him into so counseling.

The medical card. I asked her to leave it with me when she came up when he was sick and she wouldn't do it. I think she fears losing her fraudulent benefits if we have it. He needs to go to the dentist again and the dentist here requires a copy of the card. Last time he came to live with us his teeth were so bad he had to have surgery. He had 7 caps 6 filling and one tooth pulled. He's been complaining about his teeth hurting but I can't get him in since I no longer have power of attorney or custodial rights/guardianship. And we have no idea where she is we haven't known where she is almost the entire time he's been here.. Every time it's a new story with her and a new place that she turns up not to live at. So we can't drive to go get it because we don't know where it or she are.

Yes she is the mother and it is her right to come and get him if she so pleases until custody is taken from her. Either by us or the state. But it is not her right to endanger her child. And as I have stated before our biggest worry is he will end up being killed. At the age of 4 he has been beaten, he's been choked, he's had furniture thrown at him, and he's had to run away from a car that was trying to run him over.. And what did his mother do? Nothing she talked the store they were at into not calling the cops when he tried to run him over.. And her excuse to us.. He tried to run me over too. Her excuse for him hitting a 4 year old.. He hits me too. Her excuse for a grown man throwing a bassinet at a little boy... He was sitting by me and Eric got jealous, he threw it at both of us. Tell me how in the world any sane good parent or even normal person could or would let a small innocent child go back to that, knowing that it'll be the same until it gets worse?

 

[Ohiogal]

A worker with franklin county CPS contacted my other sister in law asking about the mother. There have been numerous calls to children services.

Numerous calls don't mean much. There is either a case or there is not a case. PICK ONE.

Clark county where I live said that they couldn't help me because there was an open case in franklin county. But today I contacted Madison county and they told me to call the court house and tell them that I was referred by them to file for emergency custody.

And I repeat, if there is an open case then FRANKLIN COUNTY HAS JURISDICTION/VENUE. This is NOT that difficult.

The boyfriend has 2 DV convictions and is a registered sex offender who has failed to re-register.

So you have reported him to the police, correct?

The mother in the situation has filed a few DV charges on him but always drops them or doesn't show up to the hearings. She also has a protection order on herself and both children against him.

Do you have a copy of that? If that is true then he can be arrested if he is around the children at all.

I don't know how to prove the things he has done to my nephew other than let him tell it himself. He tells us things that blow our minds, that anyone could ever do those kind of things to a 4 year old. And because of some of things that have been said we have begun to suspect sexual abuse. But can not prove anything so we really just want to get him into so counseling.

What things have been said? Has he been evaluated by a care center that determine if hehas been abused? Or have you done nothing to get him care? And don't you dare use the excuse that you don't have a medical card.

The medical card. I asked her to leave it with me when she came up when he was sick and she wouldn't do it. I think she fears losing her fraudulent benefits if we have it. He needs to go to the dentist again and the dentist here requires a copy of the card. Last time he came to live with us his teeth were so bad he had to have surgery. He had 7 caps 6 filling and one tooth pulled. He's been complaining about his teeth hurting but I can't get him in since I no longer have power of attorney or custodial rights/guardianship. And we have no idea where she is we haven't known where she is almost the entire time he's been here.. Every time it's a new story with her and a new place that she turns up not to live at. So we can't drive to go get it because we don't know where it or she are.

Seriously you should just apply for a NEW medical card for him. Have you tried that?

Yes she is the mother and it is her right to come and get him if she so pleases until custody is taken from her. Either by us or the state. But it is not her right to endanger her child. And as I have stated before our biggest worry is he will end up being killed. At the age of 4 he has been beaten, he's been choked, he's had furniture thrown at him, and he's had to run away from a car that was trying to run him over..

And again YOU HAVE NO PROOF OF THIS!

And what did his mother do? Nothing she talked the store they were at into not calling the cops when he tried to run him over.. And her excuse to us.. He tried to run me over too.

NOT buying that. Sorry but no. The store would not have backed away from calling the police if it were on their property. Because they could have been sued. You are quickly losing what little credibility you have.

Her excuse for him hitting a 4 year old.. He hits me too. Her excuse for a grown man throwing a bassinet at a little boy... He was sitting by me and Eric got jealous, he threw it at both of us. Tell me how in the world any sane good parent or even normal person could or would let a small innocent child go back to that, knowing that it'll be the same until it gets worse?

And yet what have YOU DONE about this? You haven't filed a police report. You haven't had the child evaluated. You haven't done much. Why is that?

 

[slnb73]

Okay I said I was told they had an open case. They called me back this evening and I was told there was an open case but it had recently been passed to Madison county as that is where her new mailing address was. But it was probably going to be closed. The custody cases that happened before this were in Madison county. That is why THEY TOLD ME that they had jurisdiction. I have been on the phone with agencies and courts from all 3 counties non stop for a week trying to get this stuff figured out! And the store never did call the cops.. We sent the cops out there the next day and an employee told them that there was an incident but that the woman involved told them it was not what it seemed to be. We've done everything we can do. But now we know what to do so I don't need to come back on this hateful little forum. And by the way if your stating that you are a lawyer I'd really like to know where and if you are with the BBB because according to my lawyer half the stuff you've said is not true.